“原因”学说是大陆法系契约法中所特有的术语,它源自古罗马《学说汇纂》中一段含义模糊的文字,经注释法学家的解释、教会法学家的完善,在16、17世纪由后期经院法学家正式形成法律学说,后又从传统客观原因学说发展至现代原因学说。它自产生之初即肩负着提供契约效力根源解释的使命,随着契约法的发展,又成了保护个人利益乃至社会公共利益的工具,即使契约法发展至今天,其社会功能仍发挥着作用,未有丝毫减弱。 The “reason” doctrine is a peculiar term in contract law of the continental law system. It originated from a vague passage in Collected Works of Ancient Rome which was explained by commencing jurists and perfected by church jurists. At 16 In the 17th century, formal legal doctrines were formally formed by later jurists in the academy and then from the theory of traditional objective causes to the theory of modern causes. Since its birth, it has shouldered the mission of providing the root causes of the contractual validity. With the development of the contract law, it has also become a tool for protecting individual interests and even the public interests. Even if the contract law still develops today, its social function still plays a role , Not the slightest weakened.